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HomeMy WebLinkAboutM010708 District No.1 Commissioner: Phil JohDIOR District No.2 Commissioner: David W. SuWvu District No.3 Commissioner: John Austin County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of January 7, 2008 Chairman Phil Johnson called the meeting to order in the presence of Commissioners David Sullivan and John Austin. PUBLIC COMMENT PERIOD: The following comments were made by citizens: Several people asked to be considered for membership on the Climate Action Committee; the Board was invited to Port Townsend High School's "Global Awareness Day" on January 31; a concern was expressed about the Planning Commission bylaws not being followed regarding)he submission of minority reports; the proposed Brinnon Master Planned Resort application has larger boundaries than outlined in the Brinnon Subarea Plan; is there a plan for the increased workload for County Planning Staff due to the layoffs at the City of Port Townsend?; the Board needs to show support for the Port Townsend Paper Company; why can't a volunteer use a County computer and a Consultant can?; and the Board didn't address the noise ordinance, the County purchase of bottled water, or the broadcast ofthe Commissioner's meetings in 2007. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to approve the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 01-08 re: Establishing the Prosecuting Attorney Salary for 2008 2. AGREEMENT re: 2008 Co-occurring Disorder Integrated Treatment Program (CODIT) Funding; Domestic Violence/Sexual Assault Program 3. AGREEMENT re: Operation of the Gateway Visitor Center for 2008; Jefferson County Historical Society 4. AGREEMENTS (3) re: 2008 Hotel-Motel Grant Funding; 1) Jefferson County Historical Society; 2) Port Ludlow Chamber of Commerce; and 3) Quilcene/Brinnon Chamber of Commerce 5. AGREEMENTS (2) re: 2008 Community Services Grant Funding; 1) Gardiner Community Center; and 2) Jefferson County Fair Association 6. AGREEMENT re: Professional Services for Childbirth Education; Jefferson County Public Health; Carol Hardy 7. AGREEMENT re: Water Resource Inventory Area (WRIA) 17 Planning Unit Support; Jefferson County Public Health; Cascadia Consulting Group Page 1 Commissioners Meeting Minutes: Week of January 7,2008 8. AGREEMENT re: Functional Family Therapy Services; Jefferson County Juvenile Services; Elsa Golts 9. AGREEMENT, Supplemental No.1 re: South Discovery Road Realignment Project No. CR1780; Jefferson County Public Works; Van Aller Surveying 10. AGREEMENT NO. LA-6323, Supplemental No.2 re: Larry Scott Memorial Trail Segment 4 Acquisition Project No. 1069; Jefferson County Public Works; Washington State Department of Transportation 11. AGREEMENT re: Preliminary Engineering Services for SRl16 Intersection Improvements; Jefferson County Public Works; Washington State Department of Transportation 12. AGREEMENT and Project Prospectus re: Upper Hoh Road Emergency Repair Project No. XO 1781; Jefferson County Public Works; Washington State Department of Transportation 13. Approval of County Engineer's Report and Concurrence with Findings and Recommendations to Issue a Permit to Open a Public Right-of-Way; A Portion of Platted Monroe Street in Irondale Acre Tracts; James Jackson, Applicant 14. Approval of Change Notice to Jefferson County Public Official Position Schedule Bond #68681811 Issued by Western Surety Company; Increasing the Bond Amount for the Auditor from $10,000 to $50,000 15. Payment of Jefferson County Vouchers/Warrants Dated December 17,2007 Totaling $351,607.70 and December 26,2007 Totaling $237,626.58 16. Payment of Jefferson County Payroll Warrants Dated December 20,2007 Totaling $93,328.02 17. Advisory Board Resignation; Gardiner Community Center Board of Directors; Dick Swenson 18. Advisory Board Appointment; Gardiner Community Center Board of Directors; Term Expiring December 20,2010; Wendell Paulson 19. Letter of Condolence and Appreciation of Service; Jefferson County Parks and Recreation Advisory Board; Family Members of Rick Tollefson Interview and Possible Appointment of Person Interested in Serving on the Ferry Advisory Committee: The Board interviewed Andrew Karagas who is interested in serving on the Ferry Advisory Committee. Commissioner Austin moved to appoint MI:. Karagas to the Ferry Advisory Committee. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Mr. Karagas' term will expire on February 26,2011. Discussion re: Lead for Various Boards and Committees: Commissioner Sullivan noted that there are additional committees that the Board members serve on and directed that the following committees be added to the list. He serves on WRIA 18, the Water Team, the Ferry Partnership, Legislative Outreach for the PRTPO, and the State Council on Aging. Commissioner Johnson serves on the Housing Action Plan Network, the Washington State Association of Counties (WSAC) Legislative Steering Committee, the National Marine Sanctuary, and the Healthy Youth Coalition. Commissioner Austin serves on the State Board of Health and the Mental Health Oversight Committee and attends the Port Ludlow Village Council meetings. In addition, the Board attends the Chamber of Commerce meetings. Page 2 Commissioners Meeting Minutes: Week of January 7,2008 Commissioner Austin moved to have the Commissioners continue to serve on their current boards and committees. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Approval of Minutes: Commissioner Austin moved to approve the minutes of November 26, 2007 and the November 29,2007 Special Meeting as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The County Administrator briefed the Board on the following items: · There was a major landslide on Dowans Creek Road which cut offingress and egress to seven residences. Emergency work to create a bypass began on Saturday but there was another slide in the bypass location. The slide area is adjacent to Clallam County and they have been asked to help. · The lrondalelPort Hadlock Sewer System project is moving into Phase 2. The County will receive $447,790 from the State Water Grant Program for design development. · The Hood Canal Salmon Enhancement Group and Jefferson County received two grants from the Salmon Recovery Grants Program. The grant funding will be used to remove approximately .4 miles of saltwater levy and reestablish a tidal network and plant community, and to purchase 80 acres of estuary along the north side of the Little Quilcene River. · A refund to the County of$352,196 in past due Public Infrastructure Funds and interest that the State Department of Revenue had said they could not pay is in the Governor's Budget. · The State Treasurer's Office has said that in 2008 the County will receive $1.3 million for roads and $200,000 for the General Fund from Secure Rural Schools funding. · The City of Port Townsend has been sending inmates to Chelan Regional Jail but the new Jail Director has changed their rates and procedures and they may need to make other arrangements. · The tax revenue for December, 2007 was reviewed. Discussion re: Joint Resolution for the Creation of a Climate Action Committee with the City of Port Townsend: Karen Barrows, Assistant Planner explained that this joint resolution provides the composition, terms of office and procedural rules for the Climate Action Committee (CAC). In 2007 the Board and the City approved a joint resolution to establish this committee with the goal of formulating a local Climate Action Plan. The goals in the original resolution include the reduction of carbon emissions to 80% below 1990 levels by 2050. The four main areas that the Climate Action Committee will address are: 1) Building related energy 2) Transportation 3) Recycling and waste 4) Land use Page 3 Commissioners Meeting Minutes: Week of January 7, 2008 The volunteers from the Climate Protection Task Force have been collecting data on the carbon footprint for the County. Karen Barrows reviewed some of the statistics. The City and the County should be able to save quite a bit of money by implementing the measures that will be recommended. The Chairman mentioned that the County received a grant from the Olympic Region Clean Air Association (ORCAA) to purchase an electric car. In exchange, the County has to stop using one gas engine motor pool car. The electric car will be used to travel between the Courthouse and the departments at Castle Hill Mall. Karen Barrows explained that the CAC will have three years to formulate the plan. The City is already accepting applications for the committee. She will give a presentation to the City Council this evening on the joint resolution. Commissioner Austin moved to adopt RESOLUTION NO. 02-08, a joint resolution of the Board of County Commissioners and the Port Townsend City Council providing composition, terms of office and procedural rules for the Climate Action Committee, and to advertise for interested persons who want to serve on the committee. Commissioner Sullivan seconded the motion which carried by a unanimous vote. No Shooting Area Review Committee Recommendation re: Paradise Bay No Shooting Area Petition: Karen Barrows reported that she represents the Department of Community Development on the core review committee which includes Undersheriff Tony Hernandez, Ray Hunter, Henry Werch, and John Ebner. The Paradise Bay stakeholders on the committee are Pat Bowen and Ken Merritt. The committee met four times including an advertised meeting on October 25 where they formulated a recommendation on the Paradise Bay No Shooting Zone. She reviewed the revised boundaries.in their recommendation and compared the changes with the boundaries in the original petition. The no shooting zone that they are recommending covers less territory than the original zone because State lands and traditional hunting areas were included in the original petition and several residents did not want to be included in the zone. They chose boundaries that can be posted and easily identified. If the Board agrees with their recommendation, they will need to schedule a public hearing. Commissioner Sullivan moved to have staff schedule a public hearing on the proposed Paradise Bay No Shooting Zone as recommended by the No Shooting Area Review Committee. Commissioner Austin seconded the motion which carried by a unanimous vote. The Board met in Executive Session from 11 :00-11 :30 a.m. with the County Administrator and Central Services Director regarding contract negotiations. This exemption is outlined in the Open Public Meetings Act RCW 42.30. 140(4)(b). Page 4 Commissioners Meeting Minutes: Week of January 7,2008 Direction to Staff to Negotiate an Agreement for Public Defender Services: The Board came out of Executive Session and took the following action. Commissioner Sullivan moved to authorize staff to negotiate a two year agreement for public defender services with Jefferson Associated Council (JAC). Commissioner Austin seconded the motion which carried by unanimous vote. HEARING NOTICE re: Notice of Intention to Sell Surplus County Property; Mobile Home: Judi Morris, Treasurer, explained that no bids were received on the mobile home at the auction in December. Since that time, the County has learned that there is severe water damage and it is not worth the original appraisal of $43,000. She recommended that the County sell the home using a sealed bid process. Several dealers have recommended a $15,000 minimum bid and she has received a bid from a citizen for $13,750. She asked the Board for authorization to advertise a hearing notice on the intention to sell surplus County property on January 22,2008 at 10:00 a.m. She suggested that the minimum bid could be determined at a later date. Commissioner Austin moved to authorize the Treasurer to advertise the hearing. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Authorizing an Emergency Purchase for Uninterruptible Power Supply (UPS) Equipment: Central Services Director Allen Sartin explained that there is a UPS system in the file server room at the Courthouse that is scheduled for replacement in 2008. However, when the Courthouse lost power in December, staff found that the capacity of the UPS was exceeded because of added equipment. They have taken seven ofthe file servers off the UPS that are now at risk and could be damaged ifthere is any power fluctuation. The regular bidding process usually takes 4-5 months. He is recommending that the bidding process be bypassed in order to get a UPS system put in place as soon as possible. Replacement costs were identified in the 2008 Budget and the estimated cost should not exceed $45,000. Commissioner Austin moved to approve RESOLUTION NO. 03-08 authorizing an emergency purchase for uninterruptible power supply equipment. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The Board met in Executive Session from 1 :35 - 3: 10 p.m. with the County Administrator regarding personnel. This exemption is outlined in the Open Public Meetings Act RCW 42.30.110 (g) hiring! discipline/performance. Page 5 Commissioners Meeting Minutes: Week of January 7, 2008 . Deliberations re: 2007 Comprehensive Plan Amendment Applications: The Chair opened the meeting in the Superior Court Courtroom. Director of Community Development Al Scalf and staff reviewed the maps and noted any changes in the original Comprehensive Plan amendments. · MLA07-90; Richard Broders, Applicant: The original area that was proposed has been reduced based upon a letter from the applicant dated September 19,2007. Additional conditions for approval were recommended by staffbased on a review of previous Mineral Resource Land (MRL) overlay designations. MLA07-96; Hill Timber and Joseph D' Amico, Applicant: At the request of the applicant, some of the parcels were deleted. MLA06-87, Statesman Group, Applicant: There are seven maps regarding the Brinnon Master Planned Resort (MPR) which include the four Final Environmental Impact Statement (FEIS) alternatives, the Planning Commission recommendation, the Planning Commission Minority Report recommendation, and the staff recommendation. . The Chair directed staffto begin the discussion with the Brinnon MPR amendment. MLA06-87, Statesman Group, Applicant: Karen Barrows reviewed the seven map alternatives. Commissioner Sullivan noted that, during the Public Comment Period, citizens stated that the alternative in the FEIS that includes the Brinnon Subarea Plan doesn't mirror the community's vision of the MPR. Karen Barrows explained that the Brinnon Subarea Plan, which was included in the Comprehensive Plan in 2002, addresses the MPR as a conceptual vision. Staff noted that the Brinnon Subarea Plan and the MPR boundaries should mirror each other. Commissioner Austin commented that the State Department ofFish and Wildlife owns recreational land in the area that is included in the designation. He asked if the County has received comments from DFW? Al Scalf replied that DFW and the owners ofthe Tudor and Jupiter properties have not specifically asked to be included in the MPR. He noted that the Port Ludlow MPR boundaries include property owned by the developer and property under private ownership. Karen Barrows explained the five phases ofthis type ofproject. Phase 1 is the legislative approval of the MPR designation after going through public review by the Planning Commission and staff review. The development agreement and zoning, which must be consistent with the Comprehensive Plan, the landuse map and the adopting ordinance, is Phase 2. The Board, the Planning Commission and staff are also involved at this phase. Phase 3 is the project level SEP A review and requires administrative review and quasi-judicial action by the Hearing Examiner. Phase 4 requires administrative actions regarding infrastructure and final plat approval on the Board's Consent Agenda. Phase 5 is the building permit phase and is administrative only. Commissioner Sullivan referenced LNP 24.8 in the Comprehensive Plan: MPRs should only be approved when it can be demonstrated that onsite and offsite impacts to public services and infrastructure have been fully considered and mitigated. Al Scalf explained that the Board needs to have enough information at Phase 1 to agree that the policy has been fulfilled. Ifthe Board doesn't have the information, it can be Page 6 Commissioners Meeting Minutes: Week of January 7, 2008 remanded back to staff for additional work or the request can be denied. He suggested that the Board review the mitigating conditions listed in Chapter 5 ofthe FEIS to see ifthey address the Board's concerns. A project level EIS is not required at Phase 1 because there is the possibility that the designation may not be approved. Commissioner Sullivan noted that the Board has to make a decision in a week and staff does not have time to do additional work. Al Scalf suggested that the Board could remand with conditions or approve with conditions. Commissioner Sullivan read LNP24.2: The Comprehensive Plan amendment process should evaluate all of the probable significant adverse environmental impacts from the entire proposal even if the proposal is to be developed in phases. These impacts shall be considered in determining whether any particular location is suitable for a Master Planned Resort. Al Scalf reviewed the public process that lead up to the draft EIS and the final EIS. The mitigating conditions in Chapter 5 of the FEIS are meant to reduce the adverse impacts to a moderate level. Commissioner Sullivan stated that the elk issue wasn't dealt with much in the FEIS. Al Scalf explained that there is an addendum to Chapter 3 ofthe FEIS that concludes that the elk herd is in residency around the mouth ofthe Dosewallips River and migrates up the corridor to Mount Jupiter. There have been elk fatalities on Highway 101 near the State Park but not on the highway where the MPR is proposed. Peter Downey, Planning Commission Chair, explained that they realized there is a "chicken and egg" problem. With the information they had, they could recommend approval of the amendment ifthe seven conditions they added are met. Commissioner Sullivan answered that he plans to listen to the Planning Commission tapes when they deliberated and made their decisions on the amendments. He said he is concerned about the scale and intensity of the proposed MPR. Al Scalf replied that a suggestion from the SEP A manual states, The final action chosen by decision makers need not be identicalto any single alternative in the FEIS but must be within the range of the alternatives discussed. Staff is requesting that the Board make a legislative decision to affirm, deny, modify, or remand the amendment and decide if the environmental review fits that decision. Commissioner Austin stated that additional studies could be done on this project for many years, but this is not feasible. Economics and timing play an important part in any development. Changes have occurred as the result ofthe Port Ludlow MPR designation while other proposed development has not taken place. Al Scalf added that the Brinnon community, through public process, created the Brinnon Subarea Plan which was integrated into the Comprehensive Plan. One ofthe visions in the plan is an MPR and the residents want to see it happen. However, the Board has the task of making the final decision for the County. Commissioner Sullivan stated that there was a similar process for the Tri Area UGA and the decision was appealed and declared invalid on multiple counts. He doesn't want his decision to be appealed and to lose. Page 7 Commissioners Meeting Minutes: Week of January 7, 2008 Commissioner Austin asked if Statesman is aware of the additional conditions in the Planning Commission Minority Recommendation? Karen Barrows replied that the Developer is aware of the ten Planning Commission conditions. Al Scalf added that the Developer has agreed to the original seven conditions and agreed pragmatically to the three additional conditions. Staff reviewed the questions that Commissioner Sullivan asked at the December 10 meeting. Commissioner Sullivan stated that the majority of his questions have been answered. Al Scalf reiterated the process and the type of information that staff will need from the Board to approve or deny the ten amendments. They will also need to include findings of fact from the Board for the record and the ordinances. Chairman Johnson asked about the fifty-two residences for employees? Planning Manager Stacie Hoskins, noted that the Developer said that they would provide adequate on~site housing to accommodate staff. The number of houses was not intended to address affordable housing needs in the community that are not directly correlated to this proposal. It is an estimate. Chairman Johnson asked if the plan is to use all three kettles for water storage? Stacie Hoskins answered that she believes only one kettle is intended to store water for stormwater purposes. Chairman Johnson read condition #7 of the Planning Commission recommendation regarding the near shore habitat and dedicated open space. Al Scalf pointed out the phase ofthe project when these issues would be addressed. Chairman Johnson stated that he would like a condition added regarding water monitoring and the requirement of an environmental bond. Later in the meeting: Chairman Johnson stated that the FEIS said that stormwater runoff in the residential and golf course areas would create "zero discharge" into Hood Canal. It stated that this could not be achieved in the commercial areas of the MPR. He asked if there is any idea about the percentage of runoff they could capture and treat? Stacie Hoskins noted that there currently is runoff in that area and the idea is to treat it. Water from any new impervious surface would be captured and used within the zero discharge system. Commissioner Austin noted that there is significant runoff in the area owned by the State and it is currently a problem. Al Scalf noted that the Statesman proposal doesn't include the State property. Chairman Johnson said that he did not see any night lighting standards in the FEIS. Al Scalf answered that this would be addressed in the zoning regulations for the project but a standard could be added as a condition of approval. Chairman Johnson stated his concerns about Statesman's current application at the State level for additional water rights and ifthey aren't granted. Stacie Hoskins noted that the water rights must be addressed before the project can go before the Hearing Examiner at Phase 3. Commissioner Sullivan brought up the subject of the timelines and workload if the MPR is approved. Al Scalf explained the next steps in the process if it is approved. Statesman would draft a development agreement and a zoning code. Staff would review these and put in an MLA application that would be forwarded to the Planning Commission for public hearing and recommendation. There would also be a final staff recommendation. Appeal processes follow on a parallel path. Stacie Hoskins noted that the development agreement and the zoning code would be separate from the 2008 Comprehensive Plan Amendment cycle. Page 8 Commissioners Meeting Minutes: Week of January 7,2008 MLA07-90; Richard Broders, Applicant: Al Scalf explained that the original boundaries ofthe Mineral Resource Land (MRL) designation were modified by the applicant. The Planning Commission and staff are recommending approval of the amendment. Some of the conditions are site specific and some were added after reviewing the prior designation process for other MRLs in the County. Commissioner Austin asked about the condition that mining be limited to a maximum depth of 10 feet above the seasonal high water table. Al Scalf stated that a special report is required to determine the level. Commissioner Austin asked that the language be clarified. MLA07-96; Joseph D'Amico, Applicant: Commissioner Sullivan reiterated that there is no supporting section in the Comprehensive Plan for downzoning. Al Scalf stated that there is no policy except past practice when the Commissioners downzoned 62% ofthe commercial properties in the County in1998. MLA07-99; Sharon McCarthy, Applicant: Karen Barrows reported that at the December 10 meeting Commissioner Sullivan asked whether the wetland on this property makes it unbuildable. After doing research, she has found that it is buildable under current standards. NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 6:26 p.m. Commissioner Austin seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY (ffB~SIONE~ Pm] J04 c4 / L- DaviK~?~t; ~ustin,~ ~al~CtrC Deputy Clerk of the Board Page 9